there is now a firmly established judicial precedent that frowns upon the use of rigid racial or gender quotas to achieve affirmative action goals. While the constitution acknowledges the need for policies to address the legacy of apartheid, to be legal such discrimination on the basis of race must be "fair", which implies that attempts to reverse the effects of centuries of racism cannot be imposed without due regard for their effect on the incumbents.

This is a lesson the government should have learned by now — SA is a rights-based democracy, which means the executive does not have carte blanche. However good its intentions, like everybody else the government is bound by the law.